Crown Employees (Office of Environment and Heritage - Royal Botanic Gardens and Domain Trust Building and Mechanical Trades Employees) Award 2022

 

AWARD REPRINT

 

This reprint of the consolidated award is published under the authority of the Industrial Registrar pursuant to section 390 of the Industrial Relations Act 1996, and under clause 6.6 of the Industrial Relations Commission Rules 2022.

 

I certify that the form of this reprint, incorporating the variations set out in the schedule, is correct as at 1 July 2023.

 

 

E. ROBINSON,  Industrial Registrar

 

Schedule of Variations Incorporated

 

 

 

AWARD

 

PART A

 

Arrangement

 

Clause No.        Subject Matter

 

1.        Title

2.        Parties

3.        Definitions

4.        Intention

5.        Effects of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009

6.        Wage Rates

7.        General Conditions of Employment

7A.      School Based Apprentices

8.        Consultative Committee

9.        Dispute Resolution Procedures

10.      Classification Standards

11.      Anti-Discrimination

12.      Salary Packaging Arrangements including Salary Sacrifice to Superannuation

13.      Area, Incidence and Duration

14.      No Extra Claims

15.      Savings and Rights

 

PART B

 

RATES AND ALLOWANCES

 

Table 1 - Rates of Pay

Table 2 - Allowances

 

PART A

 

1.  Title

 

1.1      This Award shall be known as the Crown Employees (Office of Environment and Heritage - Royal Botanic Gardens and Domain Trust, Building and Mechanical Trades Employees) Award 2022.

 

2.  Parties

 

2.1      This Award has been made between the following parties:

 

The Industrial Relations Secretary for the Office of Environment and Heritage (OEH);

 

Construction, Forestry, Mining Energy Union (New South Wales Branch); and

 

NSW Plumbers and Gasfitters Employees’ Union n.

 

3.  Definitions

 

"Act" means the Government Sector Employment Act 2013.

 

"Award" means this Award.

 

"OEH" means the Office of Environment and Heritage.

 

"Organisation" means the Office of Environment and Heritage.

 

"Chief Executive" means the Chief Executive of the Office of Environment and Heritage.

 

"Employee" means and includes all persons employed under the provisions of the Government Sector Employment Act 2013 and who have been assigned to a role covered by this Award.

 

"Operative Date" means the date on which this Award is made by the Industrial Commission of New South Wales and becomes legally binding on the parties.

 

"Secretary" means the Industrial Relations Secretary, as established under the Government Sector Employment Act 2013.

 

"Supervision" means, in addition to normal supervisory responsibilities, the assessment, evaluation and training of employees.

 

"Union" means the:

 

Construction, Forestry, Mining Energy Union (New South Wales Branch) (CFMEU); and

 

The New South Wales Plumbers and Gasfitters Employees’ Union;

 

having regards for their respective coverage.

 

4.  Intention

 

4.1      It is intended that this Award will align the wages of the employees employed under this Award with the employees employed under the Crown Employees (Parks and Gardens - Horticulture and Rangers Staff) Award 2016 published 13 May 2022 (391 I.G. 1222).

 

4.2      It is intended that the Award will provide a suitable basis for the parties to implement appropriate arrangements to ensure that corporate objectives are met.

 

4.3      The Award will help facilitate the processes necessary to enhance the productivity of the organisation and provide a better return to the organisation, the employees, and the community.

 

5.  Effect of the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009

 

5.1      The parties agree:

 

5.1.1   Overtime - The overtime provisions contained in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as varied, or any replacement Award shall apply to all employees covered by this Award.

 

5.1.2   Travelling Compensation - The travelling compensation provisions contained in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as varied or any replacement Award shall apply to all employees covered by this Award.

 

5.1.3   The provisions of paragraphs 5.1.1 and 5.1.2 shall apply in lieu of the provisions of the Crown Employees (Skilled Trades) Award 2022, as varied or replaced, in respect of Excess Fares and Travelling Time, and Overtime.

 

5.2      Conditions of employment for employees covered by this Award are to be regulated by the following hierarchy:

 

(i)       this Award where stated; or

 

(ii)      the Crown Employees (Skilled Trades) Award 2022 where not regulated by this Award; or

 

(iii)     any conditions not regulated by this Award or the Crown Employees (Skilled Trades) Award 2022 shall be provided by the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, as varied or replaced.

 

5.3      Where there is an inconsistency between this Award, the Crown Employees (Skilled Trades) Award 2022 and the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 as varied or replaced, this Award shall prevail to the extent of the inconsistency.

 

6.  Wage Rates

 

6.1      The wage rates paid to employees covered by this Award are specified in Part B, Rates and Allowances, Table 1.

 

6.2      Apprentice trades employees shall be paid a percentage of the rate of pay applicable to Level Five Year 1:

 

Year One	45%
Year Two	60%
Year Three	75%
Year Four	85%

 

7.  General Conditions of Employment

 

7.1      Except as otherwise provided in this Award, employees shall be entitled to and shall observe the conditions of employment made pursuant to the provisions of the Act.

 

7.2      The ordinary working hours shall be an average of 38 hours per week worked over a four (4) week settlement period.

 

7.3      Rostered Days Off - rostered days off (RDOs) shall be taken on days set by mutual agreement between employees and management. Where mutual agreement is not reached between employees and management as to the date on which the employee’s RDO is to be taken, then the employee shall be entitled to take the day set by the Industry as the RDO for that month.

 

7.3.1   The parties agree that a nine-day fortnight will operate. The additional RDO shall be taken on a day agreed to by the parties to this Award.

 

7.3.2   Employees may, by mutual agreement with management, accrue up to three (3) RDOs in any one year.

 

7.4      Allowances

 

7.4.1   The parties agree that all allowances previously paid to employees covered by this Award, including the Pager Allowance, have been rolled into salary with the exception of the allowances in paragraphs 7.4.2, 7.4.3 and 7.4.4, the rates for which are specified in Table 2 - Allowances of Part B, Rates and Allowances.

 

7.4.2   Chokage Allowance - the allowance as contained in Part B, Table 2 will be calculated to and paid as a weekly allowance to an employee required to perform chokages.

 

7.4.3   Asbestos Allowance - the allowance as contained in Part B, Table 2 will be calculated to and paid as a weekly allowance to an employee required to work with asbestos.

 

(i)       The parties agree that employees who are required to work with asbestos will be provided with the appropriate safety equipment.

 

(ii)      The parties also agree that employees have the right to refuse to work with asbestos if it is considered that such work is too hazardous to safely work with.

 

7.4.4   Plumbers’ Licence Allowance and Plumbers’ Registration Allowance - the allowances will be paid to employees required to act on such a Licence.

 

7.4.5   Having regard to clause 6.1 of this Award, allowances contained in Part B, Table 2 have been increased by 4% per annum from the first pay period on or after 1 July 2023.

 

7.5      Emergency Call-outs - Where an employee covered by this Award is called out after hours to respond to an emergency alarm, they shall be paid a minimum of four hours overtime.

 

7.6      Employees covered by this Award are not required to provide their own tools.

 

7.7      Employees will be entitled to an additional holiday on a working day nominated by the Director within the period between Boxing Day and New Year’s Day.  This holiday applies in lieu of the Union Picnic Day entitlement provided by the Crown Employees (Skilled Trades) Award 2022.

 

7.8      Subject to an employee making written authorisation, the Royal Botanic Gardens shall deduct from the employee’s pay, subscriptions payable to a nominated industrial organisation of employees (Union) and shall pay the deducted subscriptions to such an organisation.

 

7A.  School Based Apprentices

 

7A.1    Definition

 

A school based apprentice is an employee who is undertaking an apprenticeship under a training contract while also enrolled in the Higher School Certificate.

 

7A.2    Wages

 

(i)       The hourly rates for full-time apprentices as set out in this Award shall apply to school based apprentices for total hours worked including time deemed to be spent in off-the-job training.

 

(ii)      For the purposes of paragraph 7A.2(i) of this clause, where a school based apprentice is a full-time school student, the time spent in off the job training for which the school based apprentice is paid is deemed to be 25 per cent of the actual hours worked on the job each week.

 

(iii)     The wages paid for training time may be averaged over the school term or year.

 

(iv)     Where this Award specifies a weekly rate for full-time apprentices, the hourly rate shall be calculated by dividing the applicable weekly rate by 38.

 

7A.3    Progression through the Wage Structure

 

(i)       School based apprentices progress through the wage scale at the rate of 12 months’ progression for each two years of employment as an apprentice.

 

(ii)      The rates of pay are based on a standard apprenticeship of four years. The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school based apprentice undertaking the applicable apprenticeship.

 

7A.4    Conversion from a school based apprentice to a full-time apprenticeship

 

Where an apprentice converts from a school based to a full-time apprenticeship, all time spent as a full-time apprentice counts for the purpose of progression through the wage scale set out in this Award. This progression applies in addition to the progression achieved as a school based apprentice.

 

7A.5    Conditions of Employment

 

Except as provided by this clause, school based apprentices are entitled to pro rata entitlements of all other conditions of employment contained in this Award.

 

8.  Consultative Committee

 

8.1      A Royal Botanic Gardens and Domain Trust Joint Consultative Committee Sub-committee (the Sub-committee) shall monitor the implementation of this Award and make, during its period of operation, recommendations to the Executive Director of the Royal Botanic Gardens and Domain Trust with regard to:

 

(i)       implementation of the classification levels and progressions between classification levels as provided in clause 10, Classification Standards.

 

(ii)      any other matters regarding the implementation of this Award.

 

8.2      The Sub-committee shall consist of representatives of management and representatives of the unions which are party to this Award, the latter chosen at the discretion of the union members covered by this Award.

 

8.3      Should the parties to the Sub-committee fail to reach agreement on any matter the Dispute Resolution Procedures outlined in clause 9 - Dispute Resolution Procedures, will be followed.

 

9.  Dispute Resolution Procedures

 

9.1      Subject to the provisions of the Industrial Relations Act 1996, should any dispute (including a question or difficulty) about an industrial matter arise, then the following procedures shall apply:

 

9.1.1   Should any dispute or difficulty arise or is considered likely to occur, in a particular workplace, the matter is discussed between the employee and the supervisor involved as soon as is practicable.

 

9.1.2   The supervisor will discuss the matter with the employee(s) and/or the union delegate of the employee’s representative within a reasonable time frame with a view to resolving the dispute, question or difficulty or by negotiating an agreed method and time frame for processing.

 

9.1.3   Should the matter remain unresolved, or should the matter be of a nature which involves multiple workplaces, then the employee, union delegate and/or union official or employee’s representative may raise the matter with the Curator/Manager with a view to resolving the dispute, question or difficulty or by negotiating an agreed method and time frame for proceeding.

 

9.1.4   Where the procedures in paragraph 9.1.3 do not lead to a resolution of the dispute, question or difficulty, the matter will be referred to senior representatives of the Royal Botanic Gardens and Domain Trust management.  The parties will discuss the dispute, question or difficulty with a view to resolving the matter or by negotiating an agreed method and time frame for proceeding.

 

9.1.5   Should the above procedures not lead to a resolution then either party may make application to the Industrial Relations Commission.

 

9.1.6   Notwithstanding the intention of the parties to follow the steps in this clause, it is acknowledged that there may be limited circumstances where the parties may directly seek the assistance of the Industrial Relations Commission.

 

10.  Classification Standards

 

10.1    A position falling within the scope of this Award shall have assigned to it a classification level determined in accordance with the classification standards detailed below.

 

10.2    Broadbanding Classifications

 

10.2.1 For the purposes of this Award, Level 5/6 is a broadbanded classification. Progression between Levels 5 and 6 is by way of a "soft" progression based on the assessment and appeal processes that are agreed by the parties.

 

10.2.2 For the purposes of this Award, Level 7/8 is a broadbanded classification. Progression between Levels 7 and 8 is by way of a "soft" progression based on the assessment and appeal processes that are agreed by the parties.

 

10.3    The following classification levels will apply in each Administrative Unit:

 

10.3.1 Level 5

 

An employee assigned to a role established at Level 5 of this Award will:

 

(a)       Work under minimal supervision and therefore be required to exercise independent judgement at trade level; and

 

(b)       Have a recognised trades certificate or equivalent, or be able to demonstrate equivalent prior learning and possess the relevant interpretation skills and other skills and relevant experience required to:

 

(i)       perform trade level duties; and/or

 

(ii)      provide visitor assistance; and/or

 

(iii)     supervise apprentices; and

 

(iv)     communicate with supervisors and other employees; and/or

 

10.3.2 Level 6

 

An employee assigned to a role established at level 6 of this Award will:

 

(a)       Work under minimal supervision and therefore be required to exercise independent judgement at an advanced trade level and exercise initiative with regard to matters of minor complexity; and

 

(b)       Have a recognised trades certificate, or be able to demonstrate equivalent prior learning, so that they have the developed communication skills, interpretation skills and other skills and relevant experience required to:

 

(i)       perform advances trade level duties; or

 

(ii)      supervise apprentices; and

 

(iii)     communicate with supervisors and other employees; and/or

 

(iv)     communicate semi-technical information to the public.

 

(c)       Fulfil the requirements for progression to Level 6 based on the assessment and appeals processes that are to be agreed between the parties.

 

10.3.3 Level 7

 

An employee assigned to a role established at Level 7 of this Award will:

 

(a)       Work independently on assigned specialist work and/or lead a small work team on assigned work and therefore be required to exercise independent judgement and to be accountable for work performance; and

 

(b)       Have a recognised trades certificate, and have the skills and relevant supervisory experience required to:

 

(i)       manage a small specialist work area as an individual or as the leader of a small team of employees (normally less than 6 employees) - supervising and training employees; and

 

(ii)      be accountable for completion of work to agreed standards; and/or

 

(iii)     solve technical problems of limited complexity; and

 

(iv)     document and communicate technical data and information to other employees and/or the public.

 

10.3.4 Level 8

 

An employee assigned to a role established at Level 8 of this Award will:

 

(a)       Work independently on assigned specialist work and/or lead a team on assigned work and therefore be required to exercise independent judgement and to be accountable for work performance; and

 

(b)       Have a recognised trades certificate and have the skills and relevant supervisory experience required to:

 

(i)       manage a specialist work area as an individual or as the leader of a team of employees - supervising and training employees; and

 

(ii)      be accountable for completion of work to agreed standards; and/or

 

(iii)     solve technical problems of some complexity; and

 

(iv)     document and communicate technical data and information to employees and/or the public.

 

(c)       Fulfil the requirements for progression to Level 8 based on the assessment and appeals processes that are to be agreed between the parties.

 

11.  Anti-Discrimination

 

11.1    It is the intention of the parties bound by this Award to seek to achieve the object in Section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.

 

11.2    It follows that in fulfilling their obligations under the dispute resolution procedures prescribed by this Award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this Award are not indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the Award that, by its terms or operation, has a direct discriminatory effect.

 

11.3    Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

11.4    Nothing in this clause is to be taken to affect:

 

(a)       any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)      offering or providing junior rates of pay to persons under 21 years of age:

 

(c)       any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977.

 

(d)      a party to this Award from pursuing or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

11.5    This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

11.6    Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

11.7    Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

12.  Salary Packaging Arrangements, Including Salary Sacrifice to Superannuation

 

12.1    The entitlement to salary package in accordance with this clause is available to:

 

12.1.1 ongoing full-time and part-time employees;

 

12.1.2 temporary employees, subject to the OEH’s convenience; and

 

12.1.3 casual employees, subject to the OEH’s convenience, and limited to salary sacrifice to superannuation in accordance with subclause 12.7.

 

12.2    For the purposes of this clause:

 

12.2.1 "salary" means the salary or rate of pay prescribed for the employee's classification by clause 6 - Wage Rates, Part B of this Award, and any other payment that can be salary packaged in accordance with Australian taxation law.

 

12.2.2 "post compulsory deduction salary" means the amount of salary available to be packaged after payroll deductions required by legislation or order have been taken into account. Such payroll deductions may include, but are not limited to, taxes, compulsory superannuation payments, HECS payments, child support payments, and judgement debtor/garnishee orders.

 

12.3    By mutual agreement with the Secretary, an employee may elect to package a part or all of their post compulsory deduction salary in order to obtain:

 

12.3.1 a benefit or benefits selected from those approved by the Secretary; and

 

12.3.2 an amount equal to the difference between the employee’s salary, and the amount specified by the Secretary for the benefit provided to or in respect of the employee in accordance with such agreement.

 

12.4    An election to salary package must be made prior to the commencement of the period of service to which the earnings relate.

 

12.5    The agreement shall be known as a Salary Packaging Agreement.

 

12.6    Except in accordance with sub-clause 12.7, a Salary Packaging Agreement shall be recorded in writing and shall be for a period of time as mutually agreed between the employee and the Executive Officer at the time of signing the Salary Packaging Agreement.

 

12.7    Where an employee makes an election to sacrifice a part or all of their post compulsory deduction salary as additional employer superannuation contributions, the employee may elect to have the amount sacrificed:

 

12.7.1 paid into the superannuation fund established under the First State Superannuation Act 1992; or

 

12.7.2 where the OEH is making compulsory employer superannuation contributions to another complying superannuation fund, paid into the same complying fund; or

 

12.7.3 subject to the OEH’s agreement, paid into another complying superannuation fund.

 

12.8    Where the employee makes an election to salary sacrifice, the OEH shall pay the amount of post compulsory deduction salary, the subject of election, to the relevant superannuation fund.

 

12.9    Where the employee makes an election to salary package and where the employee is a member of a superannuation scheme established under the:

 

12.9.1 Police Regulation (Superannuation) Act 1906;

 

12.9.2 Superannuation Act 1916;

 

12.9.3 State Authorities Superannuation Act 1987; or

 

12.9.4 State Authorities Non-contributory Superannuation Act 1987,

 

the OEH must ensure that the employee’s superable salary for the purposes of the above Acts, as notified to the SAS Trustee Corporation, is calculated as if the Salary Packaging Agreement had not been entered into.

 

12.10  Where the employee makes an election to salary package, and where the employee is a member of a superannuation fund other than a fund established under legislation listed in subclause 12.9 of this clause, the OEH must continue to base contributions to that fund on the salary payable as if the Salary Packaging Agreement had not been entered into. This clause applies even though the superannuation contributions made by the OEH may be in excess of superannuation guarantee requirements after the salary packaging is implemented.

 

12.11  Where the employee makes an election to salary package:

 

12.11.1           subject to Australian Taxation law, the amount of salary packaged will reduce the salary subject to appropriate PAYG taxation deductions by the amount packaged; and

 

12.11.2           any allowance, penalty rate, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Act or statute which is expressed to be determined by reference to the employee’s rate of pay, shall be calculated by reference to the rate of pay which would have applied to the employee under clause 6, Wage Rates, or Part B of this Award if the Salary Packaging Agreement had not been entered into.

 

12.12  The Secretary may vary the range and type of benefits available from time to time following discussion with the Unions.  Such variations shall apply to any existing or future Salary Packaging Agreement from date of such variation.

 

12.13  The Secretary will determine from time to time the value of the benefits provided following discussion with the Unions.  Such variations shall apply to any existing or future Salary Packaging Agreement from the date of such variation. In this circumstance, the employee may elect to terminate the Salary Packaging Agreement.

 

13.  Area Incidence and Duration

 

13.1    This Award will apply to employees assigned to a role in classifications covered by Construction, Forestry, Mining Energy Union and Communications Electrical Plumbing Union - Plumbers Division NSW, within the Royal Botanic Gardens Trust Division employed in the OEH.

 

13.2    This Award rescinds and replaces the Crown Employees (Office of Environment and Heritage - Royal Botanic Gardens and Domain Trust Building and Mechanical Trades Employees) Award 2021 published 24 December 2021 (391 I.G. 312) and all variations thereof.

 

13.3    This award has a nominal term of 12 months from 1 July 2022 to 30 June 2023 with any increases to pay and work related allowances effective from the first full pay period on or after 1 July 2022.

 

14.  No Extra Claims

 

Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014, there shall be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to 30 June 2024 by a party to this Award.

 

15.  Savings and Rights

 

15.1    At the time of making this Award, no employee covered by this Award will suffer a reduction in his or her rate of pay or any loss of or diminution in his or her conditions of employment as a consequence of the making of this Award.

 

15.2    Should there be a variation to the Crown Employees (Skilled Trades) Award 2022 or the Crown Employees (Parks and Gardens Horticulture and Rangers Staff) Award 2016 or any Award replacing those Awards, the employees covered by this Award will maintain the same rates of pay relationship to the classifications covered by the Crown Employees (Skilled Trades) Award 2022 or the Crown Employees (Parks and Gardens Horticulture and Rangers Staff) Award 2016 either by an application for variation, or by the making of a new Award.

 

PART B

 

RATES AND ALLOWANCES

 

Table 1 - Rates of Pay

 

Classification	From the first full pay period on or after 1.7.22 (2.53%) $	From the first full pay period on or after 1.7.23 (4%) $
Apprentice
Year 1 38 hpw	30,356.00	31,570.00
Year 2 38 hpw	40,475.00	42,094.00
Year 3 38 hpw	50,593.00	52,617.00
Year 4 38 hpw	57,339.00	59,633.00
Trades Level 5/6
Year 1 38 hpw	67,456.00	70,154.00
Year 2 38 hpw	69,263.00	72,034.00
Year 3 38 hpw	71,203.00	74,051.00
Year 4 38 hpw	73,176.00	76,103.00
Trades Level 7/8
Year 1 38 hpw	75,252.00	78,262.00
Year 2 38 hpw	77,500.00	80,600.00
Year 3 38 hpw	79,953.00	83,151.00
Year 4 38 hpw	83,211.00	86,539.00

 

Table 2 - Allowances

 

Clause No.	Allowance effective first pay period on or after	From the first full pay period on or after 1.7.22 (2.53%) $	From the first full pay period on or after 1.7.23 (4%) $
	Brief Description
7.4.2	Chokage (per hour)	1.36	1.41
7.4.3	Asbestos (per hour)	1.09	1.13
7.4.4	Plumbers Licence (per hour)	1.90	1.98
7.4.4	Plumbers Registration (per hour)	1.08	1.12

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.